AG: Lawyers must foot bill for reforms

Attorney General Dale Marshall has made it clear that the government will not cover the mounting administrative costs tied to major reforms of the legal profession, urging lawyers to foot the bill themselves for modernising the sector.

Speaking at the opening of a two-day symposium hosted by the Law Reform Commission on the Draft Legal Profession Bill, Marshall said the time had come for the legal fraternity to consider increasing Bar Association fees, which he noted had remained unchanged for decades.

“Young attorneys will pay $300 and silks, whether you consider yourself KC, SC… [will] only pay $1 500,” he said.

“Speaking as a part of the executive, it will be difficult for us to ask the taxpayers to carry the administrative burden for these things that your professional organisation is going to have to grapple with. The time has come, perhaps, when you need to consider increasing the fees.”

He was responding to Law Reform Commission Chairman Sir David Simmons, who earlier warned that several new responsibilities under the proposed legislation including modern accounting rules, stricter compliance requirements, and mandatory continuing legal education would place a significant strain on the Bar’s operational capacity.

“Some of the new initiatives will necessarily require careful planning, recruitment of personnel and the provision of adequate funding to ensure the smooth implementation of these initiatives,” Simmons said.

“Firstly, it is clear from reading the Bill that it calls for a substantial increase in the administrative and regulatory obligations of the Bar. These relate to new rules for accounting, CLPD[Continuing Legal Professional Development], advertising and contingency fees.”

The chairman further noted that the new Accreditation Committee and other administrative bodies would need training and resources.

He also shared his support for a staggered implementation of certain sections of the Bill to allow time for proper systems to be put in place.

Marshall, while agreeing that the profession must modernise, said the cost of doing so cannot fall on the public purse.

“I don’t think that Sir David, having sat in the chair he is now sitting in, was suggesting that the State should pay but I am minded to tell you… it will be difficult for us to ask the taxpayers to carry the administrative burden,” he said.

He cited specific examples, including the need for the Bar to step in and manage the affairs of attorneys whose practices have ended due to death or disbarment, which he said would require staffing, physical space, and proper accounting systems.

“These things come at a high cost,” the AG said.

“And Sir David did indicate that even with continuing legal education, there is going to be a high administrative cost.”

While not ruling out some assistance from the government, Marshall stressed that the responsibility ultimately lies with the profession.

“While I am prepared to make a case to the prime minister and the minister of finance for some additional support, the Bar is really going to have to look seriously at increasing its fees from its members so as to be able to carry those additional costs,” he said.

In a follow-up interview with reporters, Marshall added, “If the lawyers are the ones who are practising the law and earning the dollars, I don’t think that’s fair [to ask taxpayers to pay].” (SM)